A. 
The zoning districts established by this chapter are designed to guide future use of land in the Borough by encouraging the development of desirable residential, commercial and manufacturing areas, with appropriate groupings of compatible and related uses to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare. To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this chapter or future amendments, which do not conform to the character and regulations of the zoning district in which they are located must be subject to certain limitations. The regulations set forth below are intended to provide a gradual remedy for the undesirable conditions resulting from indiscriminate mixing of uses and to afford a means whereby nonconforming uses can gradually be eliminated and reestablished in more suitable locations within the Borough. Similarly, buildings or other structures which do not comply with one or more of the applicable district area and bulk requirements as further listed in § 360-36 are deemed to be nonconforming. Nonconforming uses and structures will be generally permitted to remain; the purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their location.
B. 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction or intended use of any building on which actual construction was lawfully begun prior to the effective date, or amendment, of this chapter and on which actual building construction has been diligently carried on.
Lawful uses, located either within a building or other structure or part thereof or on the land, or in a combination of both, which at the effective date of this chapter or subsequent amendments thereto became nonconforming, may be continued so long as they remain otherwise lawful, subject to the following regulations:
A. 
Enlargement. With the exception of nonconforming residential uses within residential or commercial districts, no nonconforming use shall be enlarged, increased nor extended to occupy a greater area of building or land than was occupied at the effective date of this chapter or subsequent applicable amendments. Nonconforming residential uses may be enlarged, provided that they do not further violate the height or yard restrictions applicable to the district in which they exist.
B. 
Moving. No nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel not occupied by such use at the effective date of this chapter or subsequent amendments thereto.
C. 
In the event that any nonconforming use in any district is destroyed or partially destroyed by fire, explosion or other disaster or otherwise damaged, to the extent of 100% or more of the assessed valuation of all buildings, structures and other improvements on the lot, such nonconforming use shall terminate, and the lot shall thereafter be used only for a conforming use.
D. 
Discontinuance. If a nonconforming use of land or a structure ceases or is discontinued as evidenced by a vacancy or inactivity on the premises by the owner or tenant for a continuous period of one year or more, such nonconforming use shall be considered abandoned and the subsequent use of such land or structure shall be in conformity with the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Buildings in existence at the effective date of this chapter and which do not conform to the area and bulk regulations of this chapter applicable to the districts in which they are located are deemed to be nonconforming, except that residential uses in residential and commercial districts are excluded from this classification if they comply with the following:
(1) 
If the extent of noncompliance with side yard regulations is less than 10% of the minimum required.
(2) 
If the extent of noncompliance with rear yard regulations is less than 10% of the minimum required.
B. 
Nonconforming buildings and structures may continue, so long as they remain otherwise lawful, subject to the following regulations:
(1) 
Enlargement. No such nonconforming building or structure shall be enlarged or increased nor extended to occupy a greater area than was occupied at the effective date of this chapter or subsequent amendments, except that residential uses in residential districts can be enlarged up to the maximum permitted lot coverage applicable to the districts in which they are located.
(2) 
Moving. Should any nonconforming building or structure be moved, in whole or in part, for any reason, for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(3) 
Damage or destruction.
(a) 
In the event that a nonconforming building or structure is destroyed, or partially destroyed, by fire, explosion or disaster or is otherwise damaged to the extent of 50% or more of its replacement cost at the time of the destruction, such nonconforming structure shall not be restored nor rebuilt, except in such manner as to conform to all of the area and bulk regulations of the district in which it is located.
(b) 
In the event that a part of a building or other structure is destroyed by fire, explosion or disaster or is otherwise damaged, and if such part of the building is nonconforming to the area and bulk regulations of the district in which it is located, it shall be restored or rebuilt to conform to these regulations.
(4) 
Discontinuance. If a nonconforming building or structure remains unoccupied for a period of more than 12 calendar months, such building or structure shall be made to conform to the area and bulk requirements of the district in which it is located before it is again occupied.
In any district in which a single-family house is permitted, it may be erected, together with customary accessory buildings, on any single lot of record in existence at the effective date of adoption of this chapter or applicable amendment thereto, even though such lot does not conform to area and bulk regulations set forth in the district regulations of this chapter, provided that the following requirements shall be observed:
A. 
Any such lot must be in single and separate ownership and not form part of a continuous frontage with other lots in the same ownership.
B. 
This provision shall apply even though such lot fails to meet the requirement of area or width, or both, generally applicable in the district in which the lot is located, and a variance shall be issued by the Planning Board, except as follows:
(1) 
No application for a variance shall be accepted if the area of the lot in question is less than 50% of the required minimum lot area or width for the district in which it is located.
(2) 
If two or more lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots do not meet the requirements for lot width and area established by this chapter, the lands involved shall be considered an undivided parcel, and no portion of such parcel shall be occupied or sold which does not meet the lot width and area requirements established by this chapter.
(3) 
Variance from yard requirements shall be obtained only through action of the Planning Board.
A. 
The provisions hereof to the contrary notwithstanding, a permit may be issued and reissued for a sign lawfully existing on the effective date of this chapter or authorized prior thereto, provided that said sign is not enlarged or changed as to nature, purpose or type, it being the intent of this provision that, as expeditiously as possible, all nonconforming signs shall be eliminated.
B. 
No nonconforming signs shall be moved to another position on the building or lot on which it is located after the effective date of this chapter.
C. 
In the event that any nonconforming sign is damaged to the extent of 25% of its cost of replacement, said sign shall not be restored or replaced and instead shall be forthwith removed from the premises.[1]
[1]
Editor's Note: Original § 128-41, Subsection D, regarding removal of signs, of the 1982 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
No nonconforming sign may be replaced by another nonconforming sign.
E. 
Discontinuance of signs. Whenever any use of a building or structure, of land or of a combination of buildings, structures and land ceases, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within three calendar months or within 10 days of receipt of a written demand from the Zoning Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
In order to administer this chapter, the Building Inspector, or any other person designated by Borough Council as Zoning Officer, shall prepare, immediately after the adoption of this chapter, a complete list for registration purposes of all nonconforming uses, buildings, lots and signs then in existence, except that this list shall exclude residential uses in residential and commercial zones which are exempted from registration.
B. 
Certificates of occupancy for nonconforming uses, buildings and signs. A certificate of occupancy shall be issued in accordance with § 360-45 for any nonconforming use, building or sign to be continued after the effective date of this chapter, subject to the following regulations:
(1) 
Certificates of occupancy for nonconforming uses, buildings or signs shall run for a period of 12 months only and must be renewed at the end of that time.
(2) 
Such certificate shall be issued only after the Building Inspector has inspected the premises and determined that the use, building or sign is lawful and nonconforming, but in no case more than 15 days after the date of application.
(3) 
Full particulars of the nature and extent of nonconformity shall be included in the certificate of occupancy.
(4) 
Owners or occupants of nonconforming premises must apply for certificates of occupancy within six calendar months from the date of enactment of this chapter or applicable amendments thereto.